WAG

114.8

M12

14.2.4

11.2.2

11.2.3

112.4

14.2.6.

N26

environmental analysis, project file documentation, chagking for error and omissions, legal
Sufficiency reviews, and taking appropriate corractive action as néedéd, Within atx @) months of
the Effective Date, the State will finalize a QA/QC process thal sallsfies tha requiranients oF this:
section 11.1.4, In developing and Implementing the. QA/QC procdss, the Stata will oonsuft with
the FRA. The State will coaperate with FRA to addreas récommendations FRA may have with
respect to its QA/QC progess.

The State will perform regular gelf-assegsrnents of Its MAAC. process and. perforiande to
determine whether its process: fe working a& intenddd, to identify any areas heeding.
improvements in the process, and to timaly take. any corrective actlons nécassary to addreas the
areas needing improvement. At leat one (1) manth priot te the date of a schedulad FRA audit,
tha State will transmit a summary of tts selfaissassment{s)to the FRA, The summary will inctide:
a description of tha scope of the self-assdssment(s) conducted and tha areas reviewed; a
description of tha. process. followed in conducting the self-assessment, a list.of the dféas
idenilfied ag needing improvement; any corrective dotions that have bebn of Wil be implemented
a statement from the Director of Environmental Services cohcdming whither the processes are
ensuing that the tesponsieitien the State has assumed undor this MOU dre being carrled-out
Th agoordance-with this MOU and-all applicable Federal laws-and pollcles; and a eurmary of the
Stale’s progress toward. attaining the parformanca misasurés listed ii Part 10 of this MOU, The
State will conduct ts self-assesements at least once anaually.

Every thtae (3) months after the Effective Date fora period of two (2) years, the State will provide
a report to the FRA listing ary.approvals ant decisions the State has made ivith respeat to the
rospensibiitias the Stats has assumed under this MOU, After the s8corid year, the State will
submit ite approval and decision report to the FRA at Isast once every shx months. At ite
discretion, the State may satisfy the requirement of this paragrap' by giving FRA access to a
searchawe pare database that contains records of approvals snd deeisions made by the Stale
under this MOU,

Auditing

Pursuant to 23.U,8,0, 27(9)(3), each audit carried out under tals MOU willbe. carried aut by an
audit team, consisting of members that FRA designates ih conaultation with thé State. Such
consultation will Include.a reasonable opportunily for te State to review and: provide dornitents
an the proposed members of the audit tearn,

Pursuant to 23 U:8.C. 327(g)(1)(A), FRA and the State wil meet, no later than 180 days after
the Effective Date, to ravlew implementation of the MOU and discuss plans for the first annual
audit.

Pursvant to 28 U.S.C, 327%6)(4), the State will provide FRA any Information FRA fedsonably
considers necessary to ensure’ that the State is adequately cariyihg out the responsibilities
assigned. in accordance with this Part, the State will make documents and records available for
review by FRA and will provide FRA with copies of any’suely documents and retords.aé may be

raquested hy FRA.

‘The State will caoperate witi FRA in conducting atidits, Including providing FRA with Information
consistent with this Part and making all amployees (including gongultants) avaliable at
teasonabie times: The State will make ainployees (Including coreuttants) avellable elther ine
person at.their nornial piace of business or by telephone, at the discretion af FRA,

The State and the FRA will each designate an audit coordinator who will be resyiorisiisle for
coordinating audit schedules, requests for infarimdition, and arranghtiy. audit meetings.

The FRA audits will Include, but. not be limited t6, conslderatioft of the State's tecinical
competency and organizational capacity, compllance with the conmitinents in subpart 4.2, the

18 of 23



&3
834

6.3.2

TA

72
724

TQ

84
844

For USDOM: Assistant Altofney General for the Environment and Natural Resources
Division at 960 Pannsyivanta Avenue, NW, Room 2443, Washington, DC 20530,

For FRA: Chief Counsel, Federal Rallraad Administration, 1200 New Jersey Avariue, SE,
West Bulking, Washington, DC 20690,

For the State: Chief Counsel, Californie High-Speéd Rall Authority, 770 L. Street, Suite
920, Sacramento, Calfforfla 96844.

Cadflict Resotutlon
An discharging any of the. FRA’s rasponsibllities under this MOU, the State agrees to. comply with
tha requirements: of shy statute, regulation, gyldence, or polley regarding conflict resolution
‘applicable to USDOT or FRA,
The State agrees to follow 40 GFR. part 1804 tn the.event of pre-decigion referraisto CEQ for
Federal actions: determined fo be envirdnmentally unsatisfactory, The. Stale alsa agrees to
coordinate ahd work with CEQ on mattars brought to CEQ with regard fo the environmental
review responsibilities for the raliroad projects for which the State has assumed the FRA's
éiivirdninental review resporisibilities dinder this MOU.

PART 7, INVOLVEMENT WITH OTHER AGENCIES
Coordination

The State will seek early and appropriate soardination with all appropriate Federal, State, and
focal agenclas In carrying out any of the responsibilities assigned under thls MOU,

Processes and Procedures

The State will ensure CHSRA maintains appropriate provessde. and procedures providing ©

proactive and timely consultation, oprdination, and eofniunication with all appropiate Federal
agencies In order to carry out any cf the responibilitles assigned undar this MOU, Tha State
will formally document these:processee ahd prodedures in the form of an-exéeuted Interagency
agreement or in other such form as appropriate, .

‘Th State will subnilt environmental impact statements together with comments ‘and responses
to the Environmental Proteotion Agenoy (EPA) ao taquired by 40 6.F.R, 1508.9 and for EPA's
teview ae required by Section 809 of the Clean Air Act (42 U.S.C. 7609).

PART 8. INVOLVEMENT WITH FRA
Gonerally

Except as specifically provided othetwisd in thls MQU, FRA will not provide any projact-level
assistance to the State In carrying out any of the responsibilities the State has assumed under
this MOU. Projeotléval assistance Includes any-advioa, consultation, or document reviaw with
raspectto the discharge of such responsibilty for a partiqular assumed project, However, profect-
level assietance does net include progoss or progtam-level assistance as. provided for in seation
&14; discussions concérning issues addressed In pridr projects, interpretations of any

“applloable taw for which responsibility Is assumed under thie MOU or other laws contained ta

12 of 23



13.8  Retiawal

This MOU Ie renewebte int. accordance with 23:L0.8.C, 327 and Implementing reguiations, as in
offact at the time. of thie renewal,

PART 14, AMENDMENTS
414.4 Genarally

This MOU may be amended! at any tine upon mutual agreement by both the FRA and the State,
-puraugnitto 23 CER, 773.413(b).

14.2 Additional Projects, Classes of Projects and Environmental Review Responalhilities

14.2.1 The FRA may assign, and the State. may assume, fespansibllity for additional projects, and
add)tlonal environmental review-responsibilities, bayond those ideiitified in Part $ of this MOU In
acedrdanoes with 23 G.F.R, 773,143{b).

14.2.2 Should the State decide to request responsibility for additonal projects or claesas of projects, or
additional environmental tevlaw responsibilities, beyond those Ideritifled in Patt 3 of this MOU,
such request wiil be treated aa a amendment to the State's. original application that wad
submitted to FRA pursyant to 23 U.S.C, 327(b) and 28 C.F. part 773. In develeping the
appligation supplement, the State will identity the-additional projects, clasaes of projects, and
‘environmental review. responsibilities it wishes to agsume and make any appropriate-adjustinents
to thé Information contained In the State's original application, including the verification of
personnel dnd financlal resources,

PART 15. AGENCY CONTACTS.
46.1 Admluistrative Goritacts

FRA and thé State have established agency contacts who are responsible tor administering the
requirereris of this MOU-for thar respective.agencies, Unless otherwisé provided for, all written natices
‘or other doaurnsnits raqiired by this MOU should be sent to the -agenoy contact.

For FRA; Ms, Stephanie Perez, Legd Ehvironmental Protection Spacialiat, 1200 New Jetsay

Avena, 8,6, West Building, Waghington, DC 20600

For the State: Mr, Mark Motoughiin, Director of Environmental Services, California High-Speed
Rail Authority, 770 |. Streat, Suite-820, Sacramento, Califomta, 95814

22 of 23



32

32.11

documentation condapunding to d categorical axoluisioli (ce) determifation, prepared for a
rallroad projicct siesigned under this MGU,the State. will iheart thd following language:

“The environmental review, consultation, and other actions. aquired by applicable

Fadetal enviconinental laws for thls prolect-aré baing.or have been sarrled out by the

State of Gallfortita pursuant to 23°U.8,0. 887 and a Memorandum of Understanding

dated - — and exdouted by the Federa} Ralirodd Adminigtration and the state
alifornla, .

2

The State will pravide the éaine or eubstanttally similar dlsclésyre lo:the-publio and agencies ae
part of Initial agency outraeich and publi¢-nvolveleht, Inchidliy in.eny hatice of Intent ar seoplig
Meeilng hatics ard ag otherwise appropriate,

Asdignments and Aasumptions of Responsibilities to Comply with Federal Environmental
Laws Other Than NEPA ‘ .

Pursuarit to.23 U.9,0, 327(8)(2)(B), on the Effective Dats, FRA assigns, and the State assumes,
subject (o the tetmas.atid Saiditions set forth in.23 U.S.C, 627 and this MOU, all of FRA'S
responalbliitlas: for anvinahmentet review, oonslittation, # aotlot} required or erlging under
bd following Fedetal envireriténtal laws for the abslgned tallroad projects deaerlked in subpart

Envirshrentat

« — Effictint environmental ravlews for projact decisfontnaking, 26 U.8.0,-189
»  &fficlorit erivirohmentel reviews, 49 U.S.C, 24204

Ait Quality,
+ Olean Alr Act, 42 U.8.C, 7401-76719, axceptto the extent 23 U.S.0,.927 requires
FRA to felalh rasponbibliity for conformity determinations required under Seotion
176 of tha Cladh Alr Act (42 U.8,6. 7606)!

Nolse
+  Nolse Control Actaf 1972, 42 U.$.0, 4904-4918

Endangered Species Act of 1978 (ESA), 16 W.8.0. 1891-1644

Naiine Mammal Proteotion Act, +6 U.S.C, 1981~1428h,

Aradromaus Fish-Gonservation Act, 18 U.8,0, 757a+?67¢

Fish and Wildiife Goordinatlon Ant, 16 U.8.6. 861-6870

Migraitory Bird Teéaty Act, 16 U.8,0; 7086713 ; ;
Magnuson-Btevens Fishery Conservation.and Management Act of 1976, as amended,
18 U.S.0, 1804-18014

ee

* Under 23 W.8.C, $27(a)(2)(B}{Iv)Ul), FRA may not design its responsibility: for making alr quality cofforeilty
determinations. If the statute 1s amended to remove this ptolitbition, tie State may seek to- assume FRA’s-
responsibility for conformity detertlnations condlstent with 23 CAR 773.113,

Sof 23



48
149.7

113,2

11.3.3

V134

11.3.6

114

We
44.5.4

41.8.2

adodualiy Gf the finaticlal resouraks committed by the Slate ta administer the: reeponsibilities
assigned, quallty corto! and quality asaurance proves, attainment of parformanne measures,
-Ocitipliaticg with thie MOU's fequirements, and compllange willt applicably Federal laws an
policies in administering the responsibilities aesigned.

Schoduling of Audits

For gach annual audit, the designated audit coorlinators for FRA arid the State will war to
‘establish general audit schedules at loast thres @) months prior. to the samlannual or annual
ganiverscry dates of the Effective Date. The general audit schedules Wil Include the dates that
FRA will donduet the audit.

The: State’s audit eherdinator will make all reagonabla efforts to. share all necessary etnployees.
‘dnetuding eoneuitents) ate avallablé to FRA during the Specified dates ‘on the general audit
getiedulé, The-State will also erisuré that'll of ts dobuiments.and haogrdd. are made reasonably
‘avallable to FRA as needed during the general audit schedule,

Aftge the general audit schedule lo-established, the audit boordinatsrs will work. to establish
epscifia alidit schedules: at lesst two. weeks prior to the schaduled audit: The spesitic. qudit
‘schedules Will inolude.the dates, tinies, and looattons during whieh FRA will mest with the-State’s
employees {inelicing consultalité) and review doourients ahd reddrds,

To the maximum extent practleahld,. the specific’ audit schedule will identify all employeas
{eluding Consultants) and doouitents and éthér records that the State Will fake avallable to

RA iiuiing tho audit. With réspedt to emnplayews,.the State will Work, wit FRA to specifically
identify each employes, With respect (6-deguindnis arid other. tecards, the Stale and FRA will by
to ba is tpeatte 88 possible; although & general désoription of the typea'of doourhants will be
acoeptable,

Should FRA déterhine that itneeds access to An employes ora docuntant or other ragard that
1s not Identified ii the-spectiip audit sohedulp, the State Will make: reasonable. efforts to prowuce
Subly etployee or dooument or other record an the specified dates.

Ottior Federal or State Agency lyvolvement

The FRA may Invite other Federal or State agencies. as deentéd appropriate, Including State
historic Preservation Officers (SHPOs), to assist FRA Inoonduating an audit under this MOU by
sitihg non interviews, reviewing doouments obtained by FRA, and making recommendations
toFRA, FRA wiladyise the State-of the Federal or State agency's rolerin the audit,

Audit Report and Findings

Upon completing wach audit, FRA will transriitto the State a draft-of the audit report dnd allow
the State A d of fourlaan (74) calendar days within whieh. tg submit written comments to
he FRA will grant any reasqnalle request by the State to extend the deadline fo coniment

on the craft audit réport, Thatextenston will not exceed a total of thitly (30) calendar days, The
FRA will review tha comments and revise the draft audit report as: may be apptoprlatd,

As raquired by 23 U.S.C. 427(9)(2), FRA -will make the draft audit report available for public
sommant, In. carrying oul this raquiremantand following the process degorlbad'in Sectkon 11.6.1,
FRA will publish th audit. repart In the Pedaral Registar and allow'a. comment period of thitly
(30) calendar days. The FRA will then respond to thé public comniénis Sy IMcorporating ‘the
‘comments and responses Into the final audit report FRA wilt publish the final audit report in the
Pedorat Register not later than sixty (60) calendar daye.atter the commient period closes,

18.0f 23



& Porsistantfallure to adequately. consult, coordinate, and/or take-the concerns of other
Fodere] agancias, ‘a8 wall ag SHPOs, Inf aecoutit In carrying out the responsibilities
asalgasd,

13.3 Toimtuation hy the State

13.3.1 The State may terminate tte partiétpation firthe Project Delivery Program, In whole.or if part, at
-ariy tite by providing to FRA-a notive at least 120. calendar days. prior to tha date that the State
‘seeks to fevininate lis partfolpatian in thls Project Dalivary Program, and subject to such terms
and carditions as FRA may provide.

18.8.2 Any such withdrawal of assignment whieh FRA and the: State have.agréed to' under # trangition
plan will not be subject ta, the prooetyres or limttatfons farovided/for In Part 9 of this MOU and
will be Valld 28 agreed toi the transition plan.

134 — Effect of Termination of Assignment for Highway Projects

Consistent with 23 .8.¢. 273.1 17(d}, If the State’s-agsuinaption of FHWA's responsibilities for
‘the eAviroamental review of highway projects ls terminated, the State's responelbilities asalyned
ubder this MOY will sutomatically terminate,

18.6 ‘Transition Pin

Ih the'event of teinination under subparts 19:8, 19:4, of 13.6 of this Part, FRA and the State will
develop X transition. plan eonststant with 28 C.F.R. 773.17 7(6) to transition the responsibilities
that.the Stato has assumed back to FRA to roliilinize disruption to projects, minimize confusion
tothe public; and niinivilze burdens to offer affected Federal, State, and local ageneles,

43.8 Validity of State Actione

Any- envitonrhental approvals made by the State pursuant to he reeponsbliian the State has
assumed undér this MOU will remalh valld after termination of the State's participation: In the
Project Delivery Program or withdrawal of assignment by FRA. As-among the USDOT Secrstary,
FRA, att the Stato; thé Stale will reinialry édlaly liabls arid solely responsible for any decision or
appraval it makes pursuant to ‘ariy of the responsibilities It has gesumed while partlelpating bythe
Projéct Helivery Prograin, °

13,7 Suapenston

‘Tha State's. corisent to Federal sourt jurisdiction and waiver of soveraign immunity under this
MU curently expires on dénuary 1, 2021, Affirmative action: by the State of Callfomia will be
hetessary to exténd the State's consent and waiver, the State does nol extert! the consent
to Federal court jurladiction and walve-saverelgn immunity, than the State’s partielpation in the
Prograrn will be suspended oh dé y {, 2021, for'thred monitis, which may be extended
after congulting with the State, the State does nat provide ade fuiete cartification as, requlred
by 28 GFR: 773.409(a)(8) atid 773; Bice) within this time period, than this MOU and the
State's parllolpation in thé Program under this MOU willl be terminated,

A. Duting the. pariod of suspension, the Stato will not make any NEPA decisions or
implant any’of the environmental review responsibilities agelgnad. under this MOU,

&. If, during the perlod of suspohslor, the necessary actions are taken to authorize. a new
conbontte Fadoral oouirt jultsdiction and waiver of epyeraigh bnmunity, then the State's
participation:in the Prograt will reuina-on tha day the FRA acknowladges revelpt of adequate
‘certification provided by tha. Stata ds ragiirad by 23 GFR. 773.109(0){6} and 773.115(6}(2),

21 of 23



a3

10.4
10.1.4

10.1.8

10.8

Effect of Withdrawal-On the Right to Torniinate

FRA and the State agree that (4) nothing inthis Part shall affect either party's ability to terminate
this MOU In ac¢ordance with Part 13; and (2) the. withdrawal of all or part of FRA’s responsibllitles
Under thls Fart does not.effedtuate termination of this MOU,

PART 10. PERFORMANCE MEASURES
General
FRA and tho State have established performance measutes that the. State-will seek to-attain and
that FRA will consider when ‘evaluating the State's administration of {he responsibilities it has
assumed under this MOU during FRA's audits, whieh arg required under 23 V.S,0. 327%g);
The State will collest and maintain all necessary and appropilate data related to. the attainment
of the performance measures. In collecting these tata, the'State will monttor Its. progreas toward
meatirig the perfotmanoe. méasurag and Include its. progress in-the self-assessment summary
providett under section 14,4.6 of this MQW, which will be made available to the FRA,
Performande Measures

The performance measures applicable to the. State In carrying out the responsibilities it has
assured titder this MOU are as follows:

i Maintain docurtanted compliance wit procedures and processes set forth In
thls MOU for the environmental responsibilities assigned wider this MOU.

u Maintain documented compliance with the requirements of all applicable
federal slatutes and regulations for which responsibilty is assigned under this

6 Quality Control and Assurance Jor NEPA decisions:

L Maintain and-apply (ntemal-quallty control and assurance measures and
processes, (noluding a record of:

a. Invélvement of legal counsel as appropriate during the environmental
teview process, leluding legal sufficiency reviews In iccurdance with
the FRA’s Environmental Procedyres or FRA regulations, as applicable,

b. Compliance with FRA’s and the State's environmental document
Sofiteht staridards and proosdures, including thase related to quality
control and quality assurance (QA/C); and,

c Completeness and adequacy of documentation of project records tor
projects done under the Project Dallvary Program.

16 of 23



424

fo meet these taqultements, th Whole ortiy part, ‘with consultant: services andar outside counsel,
tha State will maintaliy sn-adaquate number of trained and qualified state employegs, Including
counsel, te overses the-consulting work, The State's:commitment ingludes, without lithitation:
A Using appropriate environmental, technical, legal, and managerial expertise,

B Devoting adequite staff resources; and

Gc Demonstrating, in. consistent manner, the capaelty to perform the Stata’e assured
responsibidee. urider thls MOU-and applicable Federal laws,

ht approving the State's application for agsignmant, FRA relied upon the State's jepregentations
in Section 6.7 and 6.2 of the assignment application tegartitig CalSTA's atid CHSRA's current

-organ)adtional stryoture related to NEPA aésignment, and the Stata’s representations in Section

6.1 of the assignment application regarding the updated organizational structura related
assignrtient to be adopted prior to tha Effective Date: (NEPA Assignment Orgaar
Structura), Before adopting any material changes to. the NEPA Asslgnmerit Organ:
Structura, ihe State will provide FRA with written notice of the proposed changes for & O-day
tévlew perlod before: Implementing the changes. It FRA has coricems with such proposed
Shanges, the FRA will fiform the State-of those concerns’ during such review period, arid FRA
and thie State Wilt confer to resolve any such coticerns. Without aniending tile MOU, FRA tay
agree fo shorten or walve such review period,

Should FRA dotermifie, ater consultation with the State, that CHSRA's ataff ¢apabllity arid/or
NEPA Assignment Organizational Structure (¢ inadequate fo carry out thé responsibilities the
Stale desumes under this MOU, the State. will take appropriate action’ to obtaln adequate
oiganizational ahd staif capability ta cany out these responsitillities, If the State (s. uiabla fo
obtain adequate orgentzational and staff capability, the State will Inform FRA, and the MOU wil
$e aiierided to agsign only the responsibiities that are commensurate with the avaliable
‘organizational ahd staff Gepabllity, as determined appropriate by FRA,

The Stale will ensure CHSRA maintains and implements policies ahd procedures to effectively
Garry out the responsibilities the State has assumed under this MOU, ‘Tha Stéte usaérts, and
FRA aprées, thatthe polites-anc! procedures described (i Sections 6.3 through 6:11 (Fxlating
Procadures).and Sections 8:2 through 6.4 (Proposed Modifications) of the State's application for
agsignmatt, subiiltted danuary 34, 2018, ate adequate-for tiése purposes.

A The State will ensure that, within six (8) months of tte. Effective Date, OHSRA will revise
the Existing Pracacures to tefiact the Proposed Madifications, radtitting li ati updated
set Of policies arid procedures far carrying out the responsibllitiés assigriod undér this
MOU (Updated: Procedures),

B, ‘The State will provide FRA with a capy of the Updated Procedures {via email or other
alactforila rieane) 80 days beforg Implementing the Updated Procedures. If FRA has
concerts with the Updated Procadures, the State and FRA wil coitfar to resolve any

such conceme,

G After adopting thé Updated Procedures pursuant to paragraph A of this sactlon 4.2.4,
the State may at any tine modify those procedures, provided that the State provides
FRA with a copy of any proposed modification (Via ‘ernajl or other électrariis means) fora

-day review perlod betore Implemanting-the miatlification. If FRA-has conésine with

any proposed modification, the FRA will inform thie State of those concerns duing the
30-day ravlew period, and FRA and the State will confer to resolve any sudh Gonceris,
Without ainending this MOU, FRA may agree to shorten or waive the 80-day raview
parlod,

8 of 23



$2.3 Nothing In this MOU abrogates the State's reepanslofity 1o-coniply with the ‘quirements of any.
Fodprat environmental law (9.g., Section 404 of the Clean Water Ant} that miay apply clragtly-to
the State Independent of FRA’s involvement,

$24 Tha FRA’s responsibilities for Governrehtto-Goverinent consultation with Indtan trikes, ae
defined In36 C.F.R, 800;16(m) atid Executive Order 18176, Consultation and:Goo ination with
‘Indlaty Tribal Govenmattts, ate Hol assigned ta of agstimed by the Stala ynder this MOU. the
FRA ramalis teapensible for such Boverntnanttd-Government gonsultation, Inohiding Inttlatlon
ofconsaltation..A hollce from the Btaterto-dn Indian trike addlaiiig:the telbo of a.proposed acti
lw not sonsiderdéd "Goverhihent-lo-Govardmnurt consultation” withid the mearing of this MOU, It
An Indian t1bs raises & conéerh or'issud to FRA Teleted to # project er projects assigned under
thle MGU duriig Govemment-to-Governmiant consultation, and FRA, I consultation with tha
iba; determings the State will hot satietavtotlly resolve the issue or concern, then FRA may
withdraw the aasignegnt of all or part of the responsibilities assiined forthe project or projects
‘purauantto the provisions of sibpart 9.1. This MOU does rst. abrogate, or prevent futtite entry
Into; any agresmentamang the State, FRA, and a tribe: under which the:trike, agregs-to parmit
tha State to adinitister Coveinmgnt-to-Govériinient oohsultation gotlvities for. FRA, However,
‘such agroahiants aré administrative In nature-and do of telieve thé FRA of Is legal responsibility
for Government-to-Goverrittient consultation,

32.6 Ih accordarive with 23 U.8.6, -327(a)(2)(B){ly), this MOU does not perniit the State jo assume
the FRA’ respowslbilitias fo sorifarnilty determinations required under Section 176 of the Clean

Air Aot (42 U.9.C; 7608) of any. responsibility for the transportation planning process under 23
U.S.C, 134 of 138-and'49. U.8:C, 6308 oF 8304,

4.2: On the cover paga of each blolagloal evaluation oF absasement, historle. Properties or cultural
fasources feport, Gection 4(f) evalvatlon, or ether. such reports prepared under tha. authority
granted by this MOU &nd distributed to otter agencies or the public, the State will Insert tha
following language:

“The envircnmedital review, consultation, and dther actions required by appfedble
Federal enivlronnental laws fot thle project are being, or have been, carried. out by the
State of California. pursuant to 23 U,6.C, 327 and @ Memorandum of Understanding
eG , arid exeotited by the Federal Railroad Administration and the Stata
of Galifornta,”

‘The Stato will provide the samb or substantially elmitar disclosura-te-the-publia‘end-aganetss'es———————|
part of agengy outreach and publlo'nvelvenent procedures, .

3.2.7 ‘The State will continue to-ddheta 16 the terms. of Biologival Opinions (BOs) Issued by the United
States Fish ahd Wildife Service or National Marine Fisheries Servicy ttégether, the Services)
pir to the Effective Date, to the extent that the terms.of those BOa.comeln In effect, The Stale

Fesponalbla for reidlating consultation, if required under @ BO issued prior t6 the Effective.
Data, ‘arid Yall oofviply with any revisions or amendinents te a BO made aller-the Eitactlve Dats.
The will aegime FRA‘s EGA Section 7 (16. U,8,G, 1680) responslhilitiag for eonaultations
(forivial and jivornal) ongaing-ak of the Effective Date’ with respact to the projacts desailbad In
stibpart $3, The State will assume FRA’s environmerital review role and respons|ollitias as
ideiitified Ih exiéting interagency agreements among the State, the Services, atid FRA, of
hegotiate réw.agreetnents with the Services, IFneaded,

32:8 The State will not make any defermination that <n action constitutes a constructive use of a
publicly’ owried park, public moreation area, wildlife refuge, waterfowl fatuge, of historle se
‘ander Sgetion ACF) without ‘first consulting with FRA and phtalning FRA's. views on subh
determination. The State will provide. FRA written notiea.of any propaséd constructive tse
determination, and FRA will hiavé thirty (30) calendar dayé to review and provide commeit; If

& of 23



3.2.2

Hazardous Materials Management

.

9
.

Hi

Comprehensive Envitonmentel Reeponse, Campansation, and Liability Act, 42-U.8.0,
9801-9075

Superfund Amandments-and Reauthorization Act, 42°U.S.0, 9671-0676

Resourea Conservation and Recavety Act, 42 U.S, 6001~P90zk

Cultural Resour

National Historie Preservation Act of 1966, as amended, 64 U.S.C. 306101-
907108, et seq; ,-except to the extent 23 CFR. 773,105(b)(4) requires FRA to retain
responsibility for government-o.governmént consultation with lndlan tfibes
Archedlagical Resdureas Protection Act, 16 U.S.C. 470aa--47 Grim .
Tite 54, Chapter 3125 ~ Preservation of Historital arid Archeological Data, 64
U.S.C, 312601-812608
Native Annetien Graveg Protection and Repatriation Act, 25 U:8.0, $001~ 301%; 18

B.C; 7

iG.
¥

Soolaland Roonomio impacts

Water Resources and |

*

a ee

.
’

American Indian Religious Freedom Ant, 42 U.8,C, 1996
Farmland Protection Polldy Act, 7 U.9.6, 4201-4209

Wollands
Ane Water Act, 33-U.8.0, 4251-1387 (Sections 401, 402, 404, 408, and Section
Safe Drinking Watet Act, 42 U,S.6. S00f-300}-26
Rivers and-Harbiots Act of 1809, 32 U.9,C. 401 and 403
Wik# dnd Svenié Rivers Act, 16-U.8:0. 1274-1287 ;
Emetgency Watlands Resources Act, 16 U.S.C, 8901-3002 and $921
Flood Disaster Protection: Act, 42 8.0. 40014193
General Bridge Act sf 1946, 23.9.0, 626-633
Coastal Bartiar Resourses Act, 16 U.S.C. 3601~3610
Coastal 26rie Management Act, 16 U.S.C. 1461-1466

. a
49 U.S.C, $08 (Spotion 4(4)) ; 7
Land and Water Conservation Fund Act, 54 U.S.C, 200801-200310

169 .
.0. 11990, Profaction of Wetlands
E.0, 11988, Floodplain Mendgement
E.O. 12898, Federal Actions to Address Environmental Justice-iri Minority
Populations and Low -Inconié Populations
E.0. 19112, Invagive Species as amended by E.0, 19751, Safeguarding the Nation
from the impacts of invasive Species
E.G. 13807, Establishing Diselpline and Ascountability In the Environmental Review
and Paynitting Process for Infrastructure Projects

In accardance with 23 U.8.C. 827(aX2)(D), any FRA environmental review responsibility not.
axpllcitly sted in eubpart 3.4 and this. subpart 3.2 will remain the responsiblity of FRA unless.
the partios.add new responsibilities through the process established in Part 14 of this MOW and
oonelstent with 23 G.F.R, 773,413(b).

4 of 23



14.4
4144

WAR

W483

A114

©, —_‘Rolationshive with aeanclonand the.asnerl sulle:

¥ Eneure effective: communication among the State, Federat and Siate resource.
sgancine, and the:publia resulting from aesumiption of responsibilitias under this

i. Malftain effective responsiveness: to substantive cortihants redulved frerh the
piibllo, agencies, and Inférest groups on NEPA ddguntents and érivironmnental
corigerns,

ih Matntatn effactlue NEPA coniliet resolution procéssas Whenever appropriate.

PART 11. AUDITS AND MONITORING
fierisral

‘she FRA will monttorand oversee the ‘State's compliance with his MON. In years one (1):through
four (4) of this MOU’s term, FRA's annual gudite, conducted pursuant-te 23 U.S.C, 327(9), will
batiié primary mechanism to {1) oversed thé State's ognipliancs with this MOU and applleable
Federal laws and policies, (2) deteftiina the State's attalrimarit of thé pelformance measures
identitiad in Part 10, atte (4) collect information heeded, for the WSDOT Secretary's annualiepert-
to Oohgress purdusint td 23-U.6.6, aN Puysuaint to 23 U..9,0. 827(h), after the: fourth year of
the State's partislpation Ir (he Profect Pellvery Prograti, the FRA will monitor the State's
oompliaiicd with thé MOU and with applicable Federal taws ard polities, and assess whether
the State 1s attaining (he perfoonaiice measures tisted In Part 10 of this MOU. The FRA’s
menkotiy arid oversight tay also Include sybiniiting requests for information to the State and
ather rélevant Federal agéncles, Vatiying the State's financial and personnel resources
dadloated lo-darying out the reaponsibilitieseasigned under this MOU, and reylewihg dooumenty.
and other intforivation,

Pursuaiit'lo 23-U.8,.0, 827(0)(4), Ihe State Is fesporisible for providirig FRA any Information FRA.
feasonably odneldars hécessary to- ensure thal the Slate Is atequalely carrylng out the
responsibilities sesigned. When requesting Information subjectte 26 U.8,0, 827(oit4), PRA will
pidvide the request {othe State'in Writing, ata Ue request will Ildantity with reasonable: Specify
tha ‘information required, the reason su ne desnied neoegsary, and.Indieate
digjadlind-tor CHSRA to provide the Infarmat @ Stale Will, In goad falth, work to ensure the
fnfurmation requested Ig provided by the deadliiie. The State's response to an Information
fequast under this patagrapl wil Inelude, where appropilate, taking relevant-employees and
cohbultants available at their work lodatton (including iheperson fnéeting, telaconference,
Viduoodnfefencd, of other elpdtronlo méaris aa may be avaliable),

‘The State will make-projest files. and general ddnuintetrative files partalilay to ite discharge of the
resporisibllities it has assuined ufider this MOU reasonably available for Inspection by FRA at
the files’ locations (including, Where applicable, through ah eleetrdrile portal or website) upon
reasonable iiotioe, which Is not lese‘tian tive (5) businags days. These fileg will Include, but are
hot Jinnited fo, all fetter. aid comments. fedelved from governmental agencigs, the public, and
others With raspact te the State's discharge of thé reaponsihilities aesignad under this MOU, As
uadd In this paragraph, the terms “project files” and “general atirnlnisirative filas” Include only
dacurtante in the custody arid control of the Staté (whether paper or stactiontd),

in cavryiig out the respensibilittes assigned undar thle MOU, the State will carry out regular
GAC dutlvitigs to ensure that the désighed résponsiblliltes are being canductod.In agoardance
with applicable law arid this MOU. At a filiinur, The State's QAQC aetivities will include the
feview and monitoring of ite procasses and parformnaride relating to project decisions,

1% of 23



842

ba deemed to ba doting as FRA with reapedt to the envirdhmential teview, consultation, and other
vagtlon required-under these responsibliittes,

Purguaiitto.29 U.S.C. 827(0){3)(B)-(C).and subpart 4,8:of this MOU, third parties may challenge
the State's ‘aoticns in carrying out shviroritnantal review regporishblities assigned under this
MOU, Exceptas provided in.23 U.S.C, 327(0)(9)(B)-(C) and subpart 4.9 of thle MOU, this MOU
is not intended to, and-does not, crdaté any hew of benefit, substantive or provadural,

enforceable at law or In equity by any third pi i Its departments, agericios, or
entities, ite-offvere, dmplayees, or agents, Th Ne 8. ded 49; and dows not, crgata
‘any new right of benefit, substantive cr procéuural, enforceable at lew or in equity by any third

party  Soatnat the United States of (ts departments, agercles; entitles, officers, employses, of
agente. . 7

PART 4. CERTIFICATIONS AN ACCEPTANCE OF JURISDICTION |

4,'t Certifications.

‘The State hereby rakes the-followlng gertifications in accordance with 23 U.S.6, B27 (BHC):

4g
42M

A222

4.2.3,

A The State has the legal authority to accapt all the. assiyninénts. of reeponisibllity identified

In Part 8 of this MOU;

8, The State has the léyél authority to. take all actions’ necessary to carry out the
teapensipiiities It has assuited undor.this MOU; °

&, ye ‘Cavernor of the State Has the legal authority {6 executd this MOU on Behalfof the
‘Blate;

a, ‘Tha Stalls currently has laws in effect that aré coiparable to 6.8.0; 862, ahd thase
lawa.are located at California Government Code § 6260, at nq and

& ‘Any decision by @ Califomia state-agoney regarding the puiblic.avallablllty of. document
under Callfomia Government Code § 6280, at eq. 1s reviewable by'a Califone court of
compelentjurisdistion,

Tho. State’s Commitments.

The State will oxatcise the powers ahd authorities grafted under this MOU through GalSTA,
and/or CHSRA, as appropriate.

As provided at 23 0,9,0, $27(¢)(3)(D), the Staté will malitain.and corm tlie financtal resqurees
necgssary fo vary aut the responsibilities Ik hagassumed tinder this MOY. The State believes,
and, FRA agreas, that thé éurnrnziry of tianotal resdurcés actitainedt In fie State's. application,
Galed January’31, 2018, appears to'be adequate for this purpose, Should FRA determine, after
consultation with the State, that thiase finencial resources: are inadequale (6 carry out FRA'S
responsibilities, the State-iulll fake"approprlate action fo obtaln and Gominit the additional financial
FSsourchs: neaded to carry Sut these. responsibilities, If the Stale fs unable te obtaln or commit
tha necessary additonal fiariolal resouroes, the State will Inform FRA, and this MOU will be
aianded to assign obly thé responsibillitles thet are domménsurate with the State's. available
financial rescurees,.as determined appropriate by FRA.

The, State wit malntein adequate organizatiotial and etsff capability at CHSRA, including

competent and qualified consultants and outside. counsel Where necessary or desirable, to
effectively carry out the teeponsibilitiés it Has aasumed yader this MOU, Should the State choose

7 of 23



IN WITNESS THEREOF, the parties hereto Have. caused this MOU to be duly exenuted in duplicate as of
the dateof the lagt algnature written Betow.-

ia

STATE OF CALIFORNIA

Mw 7-23-19

Date

28 of 23



\ealsTA

CALIFORNIA STATE TRANSPORTATION AGENCY

Gavin Newsom 915 Capitol Mall, Suite 350B
Governor Sacramento, CA 95814
916-323-5400
David S. Kim www.calsta.ca.gov
Secretary
July 24, 2019

Ronald L. Batory

Administrator

Federal Railroad Administration
West Building

1200 New Jersey Avenue, SE
Washington, DC 20590

Dear Administrator Batory,

On behalf of Governor Gavin Newsom, and as Secretary of the California State
Transportation Agency (CalSTA), | am pleased to return to you the enclosed
Memorandum of Understanding (MOU) for National Environmental Policy Act
(NEPA) Assignment under the Surface Transportation Project Delivery Program
(23 U.S.C. 327). The MOU, which you signed on July 1, 2019 and Governor
Newsom signed on July 23, 2019, provides that the Federal Railroad
Administration (FRA) assigns, and the State assumes, all of the FRA’s
environmental review responsibilities under NEPA and other federal
environmental laws for certain projects (otherwise known as NEPA Assignment).
The projects assigned in the MOU include all projects necessary to construct the
California High-Speed Rail system and projects that directly connect to stations
on the system, which include the Link Union Station and West Santa Ana Branch
Transit Corridor projects in Los Angeles. The MOU also includes the ACEforward
project in the Altamont Corridor Express system.

The State enters into this MOU acting through CalSTA and the California High-
Speed Rail Authority (Authority). Under my oversight, the Authority will perform
FRA's federal environmental review responsibilities, according to the provisions
of the MOU and as described in California's NEPA Assignment Application,
which Governor Edmund G. Brown Jr. signed on January 30, 2018 and submitted
to your office on January 31, 2018.

California Transportation Commission * Board of Pilot Commissioners ° California Highway Patrol * Department of Motor Vehicles
Department of Transportation ° High Speed Rail Authority * Office of Traffic Safety * New Motor Vehicle Board


5.2

63
6.3.4

6.3.8

5.3.3

834

6.4

revied Federal polloy or guidance as described In this seation 6:1,2, and iF the State had no
actual Knowledge of such: palley of guidance, then a failure by the State to comply with: such
Federal polley or guidance will not be-a basis for termination of the State's pattioipation In-tha
Projant Delivery Program,

Rutormaking

‘Corigistent with 23 U.S.C, $27(9, nothing In this MOU permite the State to. assume any
rulemaking atithority of the USDOT Secretary or FRA, Additionally, rathing In this MOU permits
the State fo establish pollay ane guidance on behalf of the USDOT Secretary or FRA. The State's
authority to establish Stalereguiations, poligy, and guidance concerning the State efivironmentat
review of rallratid projeicts will not supersede applicable Federal tnvironmental review

regulations, polley, or guidance established by or applicablerto the USOT Bodretary br FRA,
Other Federal Agencies

The State will Work with all other approprlata Federal agencies consaming tha laws, guidatice,
and policies that guch other Faderal agencies are responsible foradininistering.

For Interagency agreemadnts among FRA, {he State, and another Faderal or state agonoy, alx (6)
‘manths alter the Effective Date, FRA and the State will contact the other agericy to detetmins
whether any action should be taken with respact {o such agreement, Such actions may Include:

A Consultiig with the other agency to obtaln written consent fo the continuation of the
interagendy agreement in its existing form, but withthe substitution through assignment
of the State for FRA; or

B. Negatiating with the other agency to amend the Intaragenoy agreement as headed so
that the interagency agreement continues but that the State assiiries.FRA'S
responsibilities,

If the ofher agency doés not agree to the assignment or amendment of the interagency
agreement; then'to the extent permittad by applloable law and regulation, the State will carry out
the assumed environmental review, donsultalon, oF other related activity in acbordance with
applicable laws and regulations but without the benent of he Interagency agreement,

Upan termination of the State's participation in thie Project Delivery Program, FRA ant the State
will contact the slgnetory to any interayency agreement and daterilnd whelher the Interagency
agreement should be anended or reinstated ag it was on the Effective Date'of this MOU,

As provided at 23 U.8.C. $27(a)(2)(E), nothing in this MOU préempts or triteiferes with any
power, jurisdiction, responsibility, or autharity of an agéhoy other thar’ USDOT (including FRA),
Under applicable statutes and raguiations with respect toa project, :

PART 6: LITIGATION
Responsibility and Liability
As provided in'23 U.8:C, 327(8), the Stato will be solely responsible and solely liable for oarrying
out alt of FRA’s responsibilities It has aseuijied under thie MOU, in leu of and without further
approval of the FRA, The FRA and USOT wil have no responsibility or lability for the

portenmiahce of the responsibilities assumed by the State, Including any decision. or approval
made by the State while participating in. the Project Delivery Program.

10 of 23


42.6

43

6A
1

BAR

DB, —- Bhould FRA determnitia, alfar consultation wit the State, thatthe then-mostracent

Updated Proweduiras ares jonger adequate ta oan'y cutthe responsibilities assigned
under thls MOU, tha State Will direst CHSRA to fake appropriate action to amend or
revise the Updated Provedtiras to rémody the Identified deficlandies, IFCHSRA fa
Unable to raise ot aniend the Updated Procedures to adequately address the: dentifiad
doefiblanotes, the State will Infor FRA, itd the MOU will beamendad fo-assign only 'the
vesponsibilitlas that are domrtorigucite With the aécejtbie portions-of the Updated
Procedurés, as determined appropriate by FRA.

‘When’ oartylhy out the requirarhents of Sdctiin 106 of the, Natlorial Historic Preservation Act, as
ambndad, ‘the State wilt comply with 38 CER, 800.2¢a)¢1), AY actions that fnvelve the
identification, svaludtion, analysis, racerding, freatmefit, monitoring, or disposition of histode
properties, or that invalve the.réborting ot décumiehtation of suoh aotlone ir the form ‘of teports,
forms, or other Fedords, ‘will be barrled out by or under tha direct supervision of a eCsOIT OF
persons who meet tte Seotalary ot Interiors Profesional Qualifioation Standards. (published at
48 Fed, Reg. 44716, 44738-39, Sept, 20, 1983), The State will. ensure that all daqumentation
Toquirad Unidir 36 C.F.R, 800.11 Is reviewed and approved by a staff memberor consultant whe
méets the Professional Qualification Standards,

Fetloral Court Jurisdiction

As provided at 28 U'8.0: 827(c)(3)(B), and pursuant to Section 18979.2 of the Gallfornia
Government Code, thie, Stato hereby expressly consdrte-to aoaspt tha jutsdliction.of the Federal
Sourts for the porpllanee, discharge, and enforddirient of any tesponsibillty assigned to the State,
under (his MOU, This consnt to Federal court Jurisdiction will reriaity valid for any decision or
approval mace by the State pursidiit 1a any fexponslhilty asalgned undef this MOU, evan after
‘erinetion af the State's paiticipation in the Project Delivery Progam of FRA’s withdrawal of
eesignment,

PART 5. APPLICABILITY OF FEDERAL LAW
Prosedural arid Substicitive Roquitomarts

As provided at 23 U.S.C, 327(a)(2)(0), ft assuming the FRA's responsibilities undiar tlils MOU
with respect 40 the rallrdad projents assigned dasoribad in subpart 3.3, the State. will be eubjest
to thé sane: dural snd subslahfiye requirernents: thgtapply tothe FRA in carrying out these
resporelbilities, Such t and substantive, requirements Inclida Faderal. statutes and
fogulations; Exédutlve ©) aliedl by the President of the Unhed States; USDOT Orders;
Counell on Environrri ally (SEQ) Regulations for implementing the Procidunal
Provision’ df NEPA ( 4808), FRA Orders; official guidaiies ant polloy
lasuedt hy the CEQ, Officeg BF Managenient and Budget fone USDQT, ofthe FRA (a9, OMB
Maindfendum Me16-20, Guidance: Establishing Metros for ihe Permitting end ‘Environmental
Review pf lnfrastrudture Profecta); eny applicable Federal court.daoisions; and, subjactté sexton
6.3.2. below, Intetagenty ‘agidernénta such es, programmatic agreements, merhoranda of
Understanding, Memoranda of aigreahient, and other similar documents that falate to the
environmental feview prodess (ag., the-2015 Red Book. Synghronizing-Enviranmantal Reviews
for Transportation and Other infrastructure Projents).

After the Eifective Dats, FRA Will use its best offorts to notify the Stateot any new-or ravised tat
Federal pélidtas and guidanoe applioable to FRA's. rag ranebifas wider NEPA and other
‘iivirorimental lawe ausuined by the State.undar this. MOU within fourteen (14) calendar tldys of
issuaride, FRA may accomplish suiob ratification by e-mall, web posting (with email or tral to
the State ratifying of web posting), mall, of publication in-the Federal Register (with omailor mail
to the State notifying of publication), Ih the event hat FRA does rot notify the. State of anew or

tal

9 of 23



a8
3.31

33.2

3.3.3

a4
3.4.1

FRA objects ta the constructiva use deterivinetion, the. State will net proceed with. the
fletarmihation,

Assignod Railroad Projects

Except as provided by saclloy 3.3.2 below, the assignments and assumptions of the FRA's
cebponsibliltios under subparts 8.4 abd 3.2 apply to-the environmental review, consultation, or
ather action pertelning to ‘the ehyironmantal review of the follawing railroad pprojacts located
Within the State. Ag applicable, the State's responsibilities for a particular pallroad project could
be’ as the lead agency, codperatiiig agency, or participating agency, As nacessary, the State
will be responsible for teevaluating railroad. projects, as may be necessary from fime to tine
under thie laws and rufes fisted in. subparts-3. 1 and:3.2, for which construction iS not completed.
ptlor to the Effetlive Date,

A. . Projects necessary for the design, construction, and operation of the Callfornity HSR,
System, including the following. project sections and. any anoillaty facilities (indluding, but
Not liriited to, electrical intarconnections and network upgrades):
1. Mareed to Sacramento
2, San Franclaca to San Jose
3, Ban José fo Merced
4, Mercad to Fresno (including the Central Valley Wye Supplameital 18}
5. Fresno to Bakersfield (inoluding the Supplertental EIS forthe Locally
Genstated Alternative)
6. Bakersfield to Palndale
7, Palmdale to Burbank
8. Burbank to Los Angeles:
9. Los Angeles to. Analigim
10, Log Angelés to San Diego

B. Projects directly connsoted.ta stations on the California HSR System, including the
following Los Angeles Gounty Metropolitan Transportation Authiority projects:

1. Link Union Staton ;
2. West Santa Ana Branch Transit Gortider

The FRA or-the State, acting through GalSTA and OHSRA, may Identity addittanal

" [projeats that fall within this clas of projects and, by mutual agigement, tha FRA and the
Stati may determine that suoli projects are approprlate-for assignment under this MOU.
In such ciicumstances, no amandinentto this MOU wauild be nacdesary,

G, Tha ACEfonward project within the Altamont Corridor Express system,

Projects that cross state boundarles or that qross-or are adjarent to international boundaries are -

excluded from the ralltoad. projects for which FRA environmental review responsibilities are balng
assumed by the State, For purbdses of this MOU, @ project Is considered “adjacent to
Intarhatiorial boundaries" if it requires. the Issuance of a.naw, or medlifieation ofan existing,
Préstdential Permit by the United States Departrnent of State;

As provided In 23 U.S.C, 322(a)(2}(D), any railroad project that Is not assumed by the State
under this subpart 3.3 remains the responsibility of the FRA.

Effect of Assumption
For purposes of carrying out {he responsibilities assigned under this MOU, and subject fo the
Unitations contained In 23 U.S.C. $27 and this MOU, following the Effective Date , thé State will

6 of 23



11.6.8 As.requitéd by 23 U.S.C, 927(9)(1)(C), FRA will ensura that the thie. period for completing an
annua] audit, front Initlation to campletion {including publle comment afd resporises to these

corrimentté) does riot excsad 180: days, The schedule preparad pursuant to section 14.3.1 will °

Identify the date the audits initiated,

PART 42. TRAINING

Within riinety (20) days after the Effective Date of this MOU, the-State and FRA, fii consultation
with pther Pederal agenglgs.s deemed appropriate, Will asseds the State's nead fot training and
develop a trating plart. “The State will Implernént the training plan arid will have all appropriata
employaes. (Including consultants hired for the purpose OF carrying cut FRA's fegpansibilities
assigned under this MOU) attend applicablé tralning, The training plan will be updated by the
‘State and FRA, In consultation with other Federal agencies as ‘appropriate, annually during.the
tor of this MOL). While the Stata and FRA may take other agencies’ recommendations into
Becount In determining training néeds, thé State and FRA, wilt Jointly ‘determine the training
required under this part, Training may ‘bo provided by FRA, another Fedaral agenoy, or other
partles, as.appropriate.

PART 13, TERM, TERMINATION, AND RENEWAL,
184 Term
“This MOU has a term of five (5) years from thé Effective Date,
13.2 ‘Termination by the FRA

18.2.1 As provided by 23 U.S.C. 32711), FRA they terminate the State's participation in the Project
Delivery Program, in whole of jn part, at any time subject to the procadural requitements 23
U.S.C, 327 and this Part13.

13.2.2 If FRA determines that the State Is hot adequately carrying out {heresponsibilities assigned to
the State under this MOU, FRA will provide to the State a written notification of its determination
and provide the State a petioc of at least'120 calsridar days to take such corractive action as ihe
FRA A datarmines Is nedessary to comply with this MOU, a8 identified In the FRA’s wiitien
notification:

13.2.3 If, after notifloation and the corrective action period provided. under this subpart, 8:2, the State
falls to take satisfactory correctivg action, as determined by FRA, FRA wil provide tha State with
Its written determination Whether fo terininate the State's. participation in the Project Delivery
Prograr In whole or In part. Atiy responsiblities tarihinated by FRA that have baen’assumed by
the State through this MOL will transfer back to FRA.

18.2.4 The State's fallure to adequately carry out thé responsitillijes aesigned.to the State may include,
but Is hot be limited ta:

A, Peraistent neglect of, or honcampllance with, any Federal laws, ragutations, or pélloles;

B. Fallure to cooperate with FRA in conducting an audit or any oversight or monitoring
activity;

CG. Fallure t secure or maintain adequate personnel and financial resources tocany out
the responsibilities assigned; |

D, Substantial noriconipliahee with this MOU; or

20 of 23



Whereas, Ina June 16, 2047, letter 0 the US
that USROT ttiitiate the processito allow ihe State t
respedt te the Califomla HSR System; snd

Whereas, pursiant to 23 .F,R, 773.107¢h), on November 9, 2017, the Stale gave public notice:
of ite. Intentori to participate in the Project Delivery Progratn for railroad projeats and provided the public
with an opportunity to commight;

,_ Whereas, pursuant to.23 U.8,C, 327(ay(2)(B\(i) and (bx) and.23 C.FAR, 773,400(6), on danudiry
31, 2018; the State submitted ar application to FRA to. participate In the Project Delivery Progrant and
assume FRA's responsibilities for certain railroad projects within the State; and

Seerétary, the-Sacretary-of CalSTA requested
itisipaté in the: Project Delivery Program with

Whereas, on May 2, 2018, FRA published a Federal Register nalice.and provided an opportunity
for cortiment.on the State’s applization and a draft of thls MOU. and sollofted the views. of the publlo and
other Federal agencies concerning these materials as required by 23 CFR. 778, 111(a); and

Whereas, the USDOT Seorstary, acting by and through FRA, has condldered the application
and contents received as a result of the Federal Register notlee. as required by 23 C.F.R, 773,41 (a)
and has determined that the State's application package. meets all the requirements of 23 8.0: 327
and 23°C.F.R, part’ 773, _

Now, therefore, FRA and the State agree as follows:

PART 1, PURPOSE OF MEMORANDUM OF UNDERSTANDING
14 Purpose

This MOU officially approves the State's application to particlpate: ti the Project Delivery Program
and Is the writtan agteement teguirad pursuant to 23 U.S.C. $27(a)(2)(B)dil) and (9). FRA’
dec|sion to execute this MOU is based upon the liformaton, tepreseritations, and commitments
contalhed Inthe State's January 81, 2078, application package arid cansideration. of comments
recelved during the commenit period,

PART 2, EFFECTIVE DATE
This MOU {¢ effective upon final exedution by bath paftles (the Effective Data).

PART 3, ASSIGNMENTS AND ASSUMPTIONS OF RESPONSIBILITY
31 Assignnients atid Assumptions of NEPA Responsihilities

3.1.1 Puiguant to 23, U.S.C. $27(a)(2)(B)Ui), on the Effeotiva Date, FRA assigits, ard the State
agaurhes, subject to the lerma and conditions set fotth in, 28 U.S.C, ‘827 and thls MOU, all af
FRA\s tasponsibilities far compliance with NEPA with respect to the railroad projects Kiehtified in
Subpart 3,3, This assignment inoludes statutory provisions, ragulatians, policies, and guidarica
télated to the Iiplementation of NEPA for assigned projéats, such ag 23°U.8,6, 139, 49 U.S.C,
24201, 40 GFR, parts 1600-1508, 23 OF.R. part 774, USOOT Order 580.16 (dul. 30, 1983),
ahd PRA’s Ptocedyres for Gonsidering Environmental impacts {published at 64 Fad. Reg, 28845
(May 26, 1999} and 78 Fed. Rag, 2743 (Jan, 14, 2013)), as applicable.

3.4.2 On the gover paye of each environmental assessment (EA), finding of no significant Impact
(FONS!, environmental Impact statement (EIS), and record of déctalon (ROD) and in any

2 of 23



BR

8A.

B44

8.2
B24

8.2.2

8.33.

Title 23 U.S.C. or Title-40. U,8.C., Ihtetpétations of any FRA or UDO ragulation, a
intarprstatiofe of FRA or USHOT polities or guldtanae.

‘The FRA will not htervené, broker, act ae Infermediary, or be otharwise Involved tn. any lesue
Involving thé State's consultation oc abordination with another Fedaral agency with tespactto the
State's discharge’ of any of the résponslilities assigned under this MOU. However, the FRA may
‘altend teste between the State and other Federal agencies and subniit comments to the
State and tho olhir Federal agehey In itie following extraord|rrary:-cireumatances:

A. FRA rodéoimably belleves that the State is notin compliance with thle MOU;

8. FRA determines that en igsue-hotween the State and the other ederal agpnoy
Sonderhs smarylng national polloy issues under devblopment by thé FRA or USDOT;
or

&. Upon request by either’ the State:or the other Federal ageticy and agreaniant by FRA,

‘The FRA will notify both the State and the refevant Fetleral agency prior to attending any
gatings between the. State and such other Federal agency,

“Other Federal ayencleg thay ralse.conserns regarding the: State’s comipllange with this MOU to

FRA, and FRA will review the vonoartis and any inforniation provided by the Federal agangy to
FRA, Following FRA's review, if FRA and thé Federal ageriey’ still have congartis about the
State's compliance with this MOU, FRA will notify tire State of the covoetn and will coordinate
with the State and the relevant Federal agenay to resolve the issud, FRA ray ‘also take
appropriate actions as othenwise periniited under this MOY to ensure thé Stata’s compliance.

Al the State's request, FRA, Will aalst thé State Iovaluating ite siviobitantal progtens anid in
developing.or mddifying ahy of Ita processes or procadkites t6 carry out the respahsibilitiés it has
agsumed under this MOU, including, but not limited to, those procesees atid procedures
concerning the State's Gonsultatiort, coordination, and commilnleation with other Federal
agencies,

Record Retentior

‘Ths State vil retetr project files ahd gorarat admintstréithes Ae:
raapdosibliides tt has dssuinedander thy MOU In-acdordance ‘wi
lagu 2 O.F.R 200.433; 49 C.F.R, pat 18%), atid the provislons bal

The State will maintain copies of all RODS, Draft and Final Elgs, EAs, FONSIs, CE
determinations, ahd Sectlor.4(f evaluations nations Issiied or approved by the State.

rig (6. if@ discharge of the
joable layal requirements

a léad digericy uitder this ask ng MOU od df elanht (8). years after approval. of the:
document. After: sight (8) yours, the State will trarettt sual doountants. (lr paper or electronic
fori, atthe Btate's diserstion) to FRA to'be managed In agoordance with FRA records retention

and disposal allcies and procedures,

Nothing contained in this MOU ts fitendad to felleve the Btate of its recordkeeping
fespoitelillities (ndet 2.C\F.R; 200,933-200,937 or other applicatle laws,

2 PRA and CHERA-are parties-to a pvoperative agreement fatiding, anog other thivigs, the-envlonmeritdl review
fay Phase | of the Californla HSR Systern. Bachuss the cooperative agreement was éxeouted befors the edléption of
2C,F.R. part 200, CHSRA Is Stlll subject to the requirements of 49 CFR. part £8 for the environmental reviews
conducted undey that agreement,

13 of 23



94
44

84.8

92
92.4

9.2.2

PART @, WITHDRAWAL OF ASSIGNED RESPONSIBILITIES:
FRAdnitlated Withdrawal of Assigned Projects.

The FRA may, at anytime, withdray the assignment of all or part of the FRA’s tespionsibltities
that-have bean assumed by the State under this MOU for any projact or profécts upon- FRA 's
dotarmination that:

A. With fespect fo that projector projects, the State Is, notin compliance with a misterial
{étny of thle MOU or applicable, Federal. laws. of pollcles, and, after having béen given
reasonable nolice end an opportunity 40 take cofredtive action, the Staté has not taken

corrective action to the satisfaction of FRA;

B. ‘The project or projects Involve significant of unique national. polloy interests for which
the State's assumption of the FRA's respansibiliilae would he Inapprepriate; br

&. ‘The State cannot satisfactorily ragaive an issue-or concern ralbdd In:a Gaverimentto-
Government congultation process with-an Indian tribe, as provided th Section 3.2.4,

FRA will notify the Stata in wiling IT it makes a prelininary determination to withdiaw assignment
of the FRA's responsibilities under gestion 9.1.1, FRA'S Hotifloation wil Inciyde the reasons. for
tte-determination. Upon reneipt of this notion, thé State may subml any comments oF objections
to FRA within 4hirty (0) calendar days, unlese FRA dgides to ad extension, Upon radaipt of the
State's commants ar objections, FRA Will make 4 final determination Within thity (30) calendar
days, unless extended by FRA for causa, and notify the State of ite decislon, df siaking [ts final
determination, FRA will consider the following; this State's dorhments of opjeofions, the -affest the
withdrawal will have an FRA's-program, tha sthount of disruption to: the’ project or iprofacis

* conserned, ‘the effect on other projects, cohfuslén the-withdrawal of dasignmant May cause to

the publlo, the potential burden te other Fadéral agenctas, and thie overall publleThleréet,

‘The FRA will withdrew assignment of the-resnonalbliities the Stats has assumed for any calronel
proaot when the prafertad alteraafveIdenttiled In the EA or Final EIS Is a rallraad projedt thats
spselfically excluded in section 3,3.2. In such case, aaétion :1:2 will Hot apply,

State-Iniflated Withdrawal, of Assignment of Projects

The State May, at any tine, request FRA withdrawal or pat Of the FRA's resporsibiiities that
the State fas aesumed under this MOY for afy extstlny-sr fulure profext or projects,

Upan the State's decision to requast that FRA withdraw the assignment of all dr fete FRAS
responsibilities under sectlort 0.2.4, the State wilt Inforially nally FRA.of ie desire for FRA to
Withdraw agsigdinent of Ita regponalbllitlas. No fess than 30 days-aifar providing FRA with
tnformat notleg, the State will provitio FRA with 5 foitnal written notice explaining the reasons the
Stale is requesting t6 withdraw asisignment of thé responsibilities. Upon receipt ot this notics, the
FRA will have $0 calendar days, unless extended by FRA tor edge, to daterming whether tt wlll
withdrew assignment of the Pexponsibilties requested: and communigatg Its detorminatisir te the
‘State In wilting: If making tts determination, FRA wil consider tha reasons the Slate desires
FRA to-withdeaw assignment af the. rasponstbilities, the effect Ihe withdrawal of assignment will
have on FRA‘s program, ths aincunt of dlaruption to-the projadt or projects doneerned, the effect
on other projacts, confusion the'withdrawal ef aesignmantinay cause to thé public, the potential
burden {0 other Federal agencies, and =the = averall ~= public Interest.

15 of 23



ENO RANCUM F . .
BETWEEN THE FEDERAL RAILROAD ADMINE TON AND THE STATE OF CALIFORNIA,
ACTING THROUGH ITS CALIFORNIA STATE TRANSPORTATION. AGENCY AND ITS

CALIFORNIA. HIGH-SPEED. RAIL AUTHORITY, .
FOR THE STATE OF CALIFORNIA'S PARTICIPATION. IN THE SURPAGE TRANSPORTATION

PROJECT DELIVERY PROGRAM PURSUANT TO.23 U,9,6,.327

gs
ot

THIS MEMORANDUM OF UNDERSTANDING (MOU) {s entered into. by and ‘between the
FEDERAL RAILROAD ADMINISTRATION (FRA), an administration Ix ihe UNITED STATES
DEPARTMENT OF TRANSPORTATION (USDOT), and the State of CALIFORNIA (the State), acting by
arid thidugh Its CALIFORNIA STATE TRANSPORTATION Agency (CalSTA) and ite CALIFORNIA
HIGH SPEED RAIL AUTHORITY (CHBRA), and hereby provides ne follows:

WITNESSETH

Whereas, Seaton $27 af Title 23 of the U.S. Code (U.8.0.) establishgs the Surface
‘Trafepottation Project Usilvery Piogrant (Projact Delivery Program), which allows the Secratary of the
‘United Stafea Department of Trensportatlon (USDOT Secretary) to assign, and states fo assume, the
USDOT Sevretefy's resparistbillitiés under the Nattoval Environmental Policy Act of 1969 42 1.8.0,
4224, otseg.) (NEPA), and all 6 part ofthe USDOT Secretary's responsibilitlég for environmental review,
cansultation, or ofier actions required under any other Federal environmental: laws, with raapect to
‘highway, railroad, publlo tanaportation, or multimodal projects within the state; and

Whernas, he USOOT Socretery's responsibillties 40 administer the: Project Déllvely Program
have been. delegated to the Adniltistratora of the Faderal Highway Administration ea) (49 CFR,
1,85(8)(21)), PRA @0.6.F.R. 1,89(q)}, and the Federal Tranalt Administration (49 C.F.R, 1.014).

Whereas, on duly 1, 2007, FHWA end the Califomia Dapartmant of Transportation {Galtiens)
‘entéfed Jhto.a Memorandum of Understanding under which Caltrans aseumnad.certain duties-and
taspons|bilities of FHWA under NERA,and other Federal envjrarimental laws Hs authorized bya pllot
prograin-established under the Sale, Accountable, Flexitle, Eificlant Transportation Equity Act: A Legacy
fof Users (Pub. L, 109959; Aug, 10,2005) (Plat Program): andl ,

Whereas, on August 10, 2071, FHWA and Caltrans entered! Into.an Amended Memorandum of
Understanding; and

Whereas, Section 1343 of the Moving Akad for Prograsé:In the @16t Gatitur:Adt (Pub, 1112+
4144, duly 6, 2012) mada the. Pilot Program permanent and expanded lis seape té:tndlide failroad, public
transportation, and multimodal projecta: and

Whereag, on Saptariber'25, 2012, FHWA and Caltrans éntered itito aridthot Methoreiidun of
Understanding allowing Caltrans to- continue to partlolpate in the Project Réllvery Proyrart: under the
termas.of the Original and. Amended Merhcrandum of Understandingssanct

Whereas; on Recumber 23, 2076, FHWA ard Calirane eritefed intd a reviesd Memorandum of
‘Understanding allowing Caltrans to cbntinus ta partlalpate In the Project Delivery. Progratn:-and

‘Whervas, 24 U.S.C, aa7iay(aytey) aulhorizés USDOT to aselgn the duties and responelbilities
ofthe FRA under NEPA and other Federal enivironeneiital laws to'e State for dhe or inate raliroad projects
if the Statehas bean assigned such duties and responsibilities for highway projets; and

Woreas, in a May 12, 2017, lettor to thé President of the Unltéd States, thé Governor of the-

State of California éxprossed an Interest In partidipating In the Proféct Sellvery Program with reapaat to
the.Qallfarnia MighSpead Rail {H8R) Systan:-and

1 0f 23



Mr. Ronald L. Batory
July 24, 2019
Page 2

With the NEPA Assignment MOU now fully executed, California assumes FRA’s
environmental review and approval responsibilities as the federal lead agency
under NEPA and looks forward to working with FRA in its continuing grant
oversight role.

If you have any questions, please contact Brian P. Kelly who serves as Chief
Executive Officer of the California High-Speed Rail Authority, at
brian.kelly@hsr.ca.gov or (916) 384-1488.

Enclosures


6.2
8.2.4

6.2.2

62.8

6.24

6.25

B28

6.2.7

tigation

Nothing In this MOU-affects the United States Departient of Justige’s (herelnafter UDO)
authority tovlitigaterelaine, including the authority 16 apbrove a settlamenten behalf ofthe United
Slates feller FRA oranothar agency of the United States Is hamad In such litigation, or Iethe
United States Intervenoe pursuant to 23 U.S.C, 327(d)(3), {ni the ovent FRA or any other Federal
agonay fs. named In litigation related fo matters uhder.this MOU, or the United States intervenes
'n the.Jitigation, the-State agiaés to dootdinate with FRA arid any USDO/ or Federal agency
alformmeys.th the defense of thét-aotion,

The Stats wilt defend ell stains Brought against the State in connection with ite-diselarge of any
Tesponslbity. assumed under thls MOU. Ii the Svent of Ittgation, the State will provide qualified
anal competent legal counsel, Hh ding-outside counsel if necessary, The State will provide the
‘defense at its own dxpered, subjdat to-any applicable Federal. law concerning the usd of Federal
funds:for attorney's feiss. for outside counsel hlead by the State, The State will be responsible for
opposing party's attorney's foos and court. deste ifs curt awards those. costs toan Opposing.
party, of Inthe avant those Josts are part of d setilerti¢nt agreement,

‘The State will notify the FRA.and USDOW's Aséiétarit Attorney General for tha Environment and
Natural Regouross Divistort. within seven (7) salendar days af the State's Legal Division’ teceipt
‘of service of process of any coiplalit congeming discharge of any responsibility wesumed under
thie, MOU. The State wil notify FRA and USDOU prior to ite response fo the complaint. in addition,
‘the State will notily FRA within ayer (1) oak lat days. of recelpt of any notles of Intent to-sue
boncerning Its discharge of ahy responsiallily assumed underthis MOU,

‘Tho State will provide FRA and USDOd dopide of any Métions, pleadings, briets, or ather-sucti
doguments filed in any case vongerning its disdharge of any responelbiliiy assumed vines’ thle
MOU, The State will Sravide such eoptes tothe FRA and QOJ within seven ” calondardays of
seivice of any document, of in the cage OF any documents filed by or on shall of the State, within
seven (7) celleindar days of the date of filing,

‘The State will notily the FRA and USDOS pitor te senting any Jawsuilt, In whole.gcin part, and will
provide the FRA ahd USBOu With a reasonable amountot time.of atleast tan (10) odlardardays,
to ba extender, If feasible based bh the context of fhe. lawsult, upto a meyitnum oF thity (30)
fofet calender days, té review and comment on the: proposed soltlement. The State wil not
exagute any dettemént agresrnont unbi: (1) FRA and. USDOU have provided gomments on the
proposed settlemant (2) FRA.and USDOY Have Idicdtad that they wil not provide-comments
onthe proposed settismeit; or (8) the review parlod has expired, whichever-cucurs frat,

Within seven (7) dalotidar days of receipt by the State, tha State will provide notices to FRA and
USGQY of any court decisian-on the merits, judgment, and Hotice of appeal atising oul of or
relatiiig to thorespansiniftios the State has assumed ander this MOU. The Stata will notify FRA.
and USNOJ within-tive (8) days of fling @ Hotles of appeal of court decision. The State wil
confer with FRA, arid UBDOJ- regarding, ihe. appeal at saat forty-five (48) days before filing an
&ppou. brief in the dae,

‘Tha State's notificatton to FRA and USDOM In secilons 6.2.3, 6.2.4, 6.2.6, and 6,2:6, will be made
by algctronie mall to FRALedal327 ahd NASDOT eord@delinoy, unless atherwisis
Apacited by FRA and USDOJ. For copies of motlons, pleadings, briefs, and other documarits
{ilsd jn’ pase, ay Identified th saigtion 82,4, the State may’ opt ta ether send the tmateriats to the
are addresses. identified above, send hardeopies to, the Mall address balow, or add to the
dlatriduition list in the court's eléctronis Hlag system {8:94 PAGER) the following twa email

addtesses, FRALsaal92/@dotoy ard. efle nrs.ertd@uedoidoy, FRA and USDO/'s
somments under Ssection.-6.2.8 aid 62,6 will be made by gleetronic mail to {paxl@hsr.oa.gov

Unless otherwise spaoltied by the State, In the went that regular mall ig determined necessary,
mail ‘should be sént by overtight nail service to:

V4 Of 23



8.8

84
844

8.4.2

86

Federal Register

For any docurrients that are proposed hy'the State te be publishad by FRA in the Fodoral
Register, such as a Notice of intent under 40'G.F,R, 1504.7 of @ Notice of Final Agency Action
under 23 U.8,, 139(/) (to the exterit applicabla), the State will transivilt-such docuntant to-the
FRA. FRA tyill promptly submilt such. doctimentta ba published in the Federal Register on betialt
of the State. The State will, upon request by FRA, ralmburse FRA 1F the expenses aésoclated
with publishing such documents in the Federd! Rezister (excluding FA's dverhéad). Itand when
Rermitted By the, operating procedures of the Goverriment Printing Offies and the Federal
Rogister, the State will take ever the procedures described: above from the. FRA,

Particlpation in Resource Agency Reporte

‘The State will provide all reasonable data-and information requested by FRA and resource
agencles for the preparation of national reports in a linely manner to. the extent that the
Information alates to determinations, findings, and proceedings agséclated with projects
Assumed under this MOU, Such repdrls include but are-hot limfted to: ‘

A, Information on the completion of and duration fo gomplete enviranmental.documentation
for EIS, EA, and dacumentad GE projects asetined under this MOU;

B, Archeology reports tequeated by the National Park Service;

©, ESA Expenditure Reports requested by the Bervites;

D. NEPA Mitigation reports réquasted by CEG; and

E, Envitonriental confiict rasalution reports requested by OMB and CEQ.

The State will directly submit project schadulés and any offer feguired data regarding BAS and
El8s for posting on thé searchable website maintained under Sacton 44003¢b) of the Fikdag
America’s Surface Transportation Act (42 U.9.C, 4370m-2(b)) aiid 23°U,8.C, 139(0), commonly
known asthe “Federal Perniting Dashbodrd",

Conformity Determinations

The State will, for any rallroiad project located In air quality nonattalnmentand maintenance are,
witfi respect to the Natiorial Amblant Air Quality Steridarde, and prior to approving any CE
determination, FONS!, ar ROD, enguré and dooiimant that the project satisfigs ali quailty
conformity requirements urider 42°U.8.G, 7606(d) and 40 . Part 23, Subpart & Pursuant
1023 U.8.6, 927(a}(2\(B)(Iv)(I), for any projedt requiting 8 projegLlevel conformity datarmination
undor ths Federal Clean Alr Act and its Implementing regulations, the FRA will make tha project
level conformily determination, FRA will restelot its review to. data, analyses, applicable
commants and responses, and othér relevant dodumentation that enable FRA to make the
project-lavel conformity determination. FRA nay request that the State consolidate this
information and documentation In a memorandum to faaliitate FRA’s decisionmaking.

Enforcement

If FRA determines. that the State Is. hot in compliance with this MOU, ton FRA will take
appropriate action to ensure the State’s compliance, Ineluding. withdrawing assignment of any
responsibilities that have beed assumed as provided in Part 9 of this MOU or terminating the

~ State's participation In the Project Delivery Program.as provided In Part 13 of this MOU,

14 of 23